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Changing sponsors or wife becoming primary on visa


Britsinbrisbane

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After 9 months here my employer, who sponsored me, has hit hard times and have terminated my contract with no notice but offered me the chance to be a commission only agent. More to do with keeping tabs on the $1.5m of live projects I've quoted on for them. If things improve they say they will take me back on the payroll within 6 months, if I can trust them.

This probably is a breach of 457 visa rules.

They won't pay commission due to me on orders in the system until they get paid either, which may be months.

Possibly my wife can get sponsored by her employer but can anyone who has had similar problems tell me any problems they had?

I may have to tell the visa people and try for a different job in the next 28 days but the industry I work in is fairly small here so I'll likely need a job that isn't in the same industry, which may not be acceptable to the visa people.

 

If it's hard to get another job is there a way of buying more time?

As you can guess I was the first 457 sponsored person the company had done.

Cheers

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Firstly, there is no "may" about it, you and your employer are obliged to inform immigration that you are no longer in employment.

 

I would recommend that you drag your feet on this for a short while (by this I mean a few days), whilst you speak to an immigration agent about your other options and particularly whilst your wife speaks to her employer about getting a visa sponsored by them. Your wife cannot take over this visa of course, her company would have to start a completely fresh application.

 

Your company by the way sound like they are well worth parting company with.

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This probably is a breach of 457 visa rules.

 

It certainly is.

 

If it's hard to get another job is there a way of buying more time?

 

Probably yes.

 

May I suggest that you consult a registered migration agent without delay?

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Wife is meeting her employer today so if they agree to sponsor her it'll open up another avenue of questions. I'll tell the visa people about my situation prior to the wife's employers nomination application - I don't see me getting the $3500 commission I'm owed by my employer though. They're clever as I have $200,000 of orders pending but commission wouldn't be payable until around June or later depending when they get paid by customer.

Or I take a chance on me getting another job in time and tell the visa people in a day or two.

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